Divorcing With A Prenuptial Agreement In Ohio
Prenuptial agreements provide a blueprint for asset division and other financial matters, but enforcing them during a divorce can trigger conflict and disputes. An experienced divorce lawyer can help protect your rights when divorcing with an Ohio prenup.
At Zachary D. Smith, LLC, in Cincinnati, we can guide you confidently through your divorce. As an Ohio State Bar Association (OSBA) certified family relations law specialist and a fellow of the American Academy of Matrimonial Lawyers (AAML), we understand the law behind marital agreements. We can provide objective and experienced help with your case.
How Are Assets Divided With A Prenuptial Agreement?
A valid prenup essentially overrides Ohio’s standard equitable distribution rules. Instead of relying solely on state law, the terms of the agreement can dictate how to distribute assets and liabilities, helping to simplify the property division process. The court will use the agreement to divide specific items like real estate, bank accounts, investments and other forms of marital property.
Does A Spouse’s Bad Behavior Mitigate A Prenuptial Agreement?
Many people believe that behaviors like infidelity or abuse automatically invalidate prenuptial agreements, but this is rarely the case. These premarital agreements focus on financial arrangements and asset division, not personal conduct during the marriage. Bad behavior may influence custody or alimony decisions, but it does not negate the terms of a valid prenuptial agreement.
Can A Prenuptial Agreement Be Thrown Out?
A prenuptial agreement is only enforceable if it meets specific legal standards. It must be entered into without coercion, and both parties must fully disclose their assets and liabilities.
If any of these elements are lacking or the agreement is egregiously unfair, the court may deem it invalid. A family law attorney is vital at every step of divorcing with a prenuptial agreement to make the transition as smooth as possible.
Protect Your Future Today
Our attorneys have the experience and credentials to handle complex divorce cases with professionalism and care, including those with valid marital agreements. Call us at 513-275-5367 or fill out our online contact form to schedule a consultation in our Cincinnati office.